HomeMy WebLinkAboutR-2014-139 SCC Small Convenience Center Moratorium for "Mission Uses" RESOLUTION NO. R- 2014 -139
A RESOLUTION adopting Findings of Fact supporting a six -month moratorium, enacted
October 21, 2014 pursuant to Ordinance No. 2014 -027, prohibiting the
filing, receipt, processing and approval of land use applications for
establishment and operation of mission, community center, boarding house,
comprehensive community health center, and multi - purpose community
center uses within the SCC Small Convenience Center zoning district;
exempting land uses for which a complete application was pending on the
effective date of the moratorium or which were legally in existence at such
time or are otherwise exempt pursuant to RCW 35.21.915; directing
development of comprehensive zoning and business regulations for such
uses; providing that the moratorium shall be in existence through May 19,
2015.
WHEREAS, pursuant to RCW 36.70A.390 and RCW 35.63.200, the City Council of the
City of Yakima by majority vote on October 21, 2012 adopted Ordinance No 2014 -027 imposing
a moratorium for six months, through May 19, 2015, prohibiting applications for, and approvals
of, land uses for establishment and operation of mission, community center, boarding house,
comprehensive community health center, and multi - purpose community center uses within the
SCC Small Convenience Center zoning district; and
WHEREAS, RCW 36.70A.390 and RCW 35.63.200 require the City Council to hold a
public hearing within sixty days after imposition of a moratorium to receive evidence and
testimony regarding imposition of the moratorium, to consider whether such moratorium should
be modified or continue in effect as originally adopted, and to adopt findings of fact supporting
such decision; and
WHEREAS, the City Council has held the required public hearing on November 18,
2014 pursuant to notice duly published, and having considered all evidence and testimony
presented, hereby makes the following
Findings of Fact
1. The City Council of the City of Yakima has authority pursuant to RCW 36.70A.390
and RCW 35.63.200 to adopt a moratorium to preserve the status quo pending
development of comprehensive land use controls and regulations, health and safety
regulations, and business licensing or registration regulations and procedures
concerning mission, community center, boarding house, comprehensive community
health center, and multi - purpose community center uses within the SCC Small
Convenience Center zoning district.
2. The City has received inquiries and a request for interpretation pursuant to Chapter
15.22 YMC, concerning whether or not a facility operated by a public agency or
nonprofit corporation, providing a variety of services for the disadvantaged, including
but not limited to temporary housing for the homeless, extreme weather shelters for
the homeless, dining or food service facilities, food banks, and health and counseling
services for the homeless and disadvantaged members of the community, should be
considered a permitted use in the SCC Small Convenience Center zoning district as
a "community center" or other analogous use.
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3. Title 15 YMC contains the city's "Urban Area Zoning Ordinance" ( "UAZO" or "Zoning
Code ") establishes certain uses that are permissible within each zoning district, and
"classifies" such uses in terms of Class (1), Class (2), or Class (3). (YMC 15.04 030,
Table 4 -1). A listed use that is not assigned a class review is not permitted in that
zoning district. In processing land use requests, certain proposed uses are not
defined or "classified" in Table 4 -1. These proposed uses are deemed "unclassified
uses." Under Chapter 15 22 YMC, any person proposing an "unclassified use" may
submit a "Request for Interpretation" to the hearing examiner. The hearing examiner
may determine whether or not the requested unclassified use should be permitted in
the requested zoning district and, if so, whether such use should be processed as a
Class (1), (2) or (3) use. An interpretation that a particular use is a permitted Class
(1), (2) or (3) in a particular zoning district would apply to all areas of the city with that
zoning designation. There are fifteen (15) separate areas of the City of Yakima that
are currently zoned SCC Small Convenience Center. These SCC zoning districts
are located throughout the city and vary in size and types of surrounding
neighborhoods.
4. In 1992, the hearing examiner issued a formal Interpretation declaring that the use
proposed by the Union Gospel Mission in the Central Business District Support (now
the GC General Commercial) zoning districts was not a "community center" or
"boarding house" use. The hearing examiner ruled that the overnight housing of
homeless individuals was not compatible with a "community center" use, and that the
additional health care and food service ministries fully fit with a "boarding house" use.
Therefore, the hearing examiner made two rulings. First, he created a new "mission"
use and supplied the following definition:
"Mission" means a facility typically owned or operated by a public
agency or non - profit corporation, providing a variety of services for
the disadvantaged, typically including but not limited to temporary
housing for the homeless, dining facilities, health and counseling
activities, whether or not of a spiritual nature, with such services
being generally provided to the community at large.
Second, the hearing examiner ruled that a "mission" use would be a Class (2) use
within the CBD Central Business District and GC General Commercial zoning
districts. In 1995, in a further Interpretation concerning the Union Gospel Mission,
the hearing examiner ruled that a "mission" use would also be allowed as a Class (2)
use in the M -1 Light Industrial Zoning District.
5. The Hearing Examiner Interpretations concerning "mission" uses serve as precedent
and are required to be maintained on file in the Community Development
Department. However, the UAZO has not been formally amended to include the
definition of "mission use," the appropriate class of use, the type of hearing and
appropriate zoning districts for such use.
6. The purpose and use of the SCC Small Convenience Center zoning district is
defined as follows:
1. Provide areas for commercial activities outside the downtown commercial
district that meet community retail shopping and service needs; and
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2. Accommodate small commercial centers, generally two to five acres in
size, where most of the commercial uses have located in a coordinated manner
around a common parking lot and one major commercial approach driveway.
Small convenience centers serve the day -to -day convenience shopping and
service needs of the surrounding neighborhood and should be designed to
minimize undesirable impacts of the center on the neighborhood it serves.
Uses in this district should be retail or personal service establishments dealing
directly with the consumer, the primary occupants usually being such uses as a
supermarket, fast food restaurants and drug store.
YMC 15 03.020(H).
7. Per Table 4 -1 at YMC 15.04.030, several uses are not permitted within the SCC
zone. These "not permitted" uses are boarding house, halfway house, group homes,
and convalescent and nursing homes. The only type of "health and social service
facility" that could be permitted in the SCC zone is a Treatment Center for Drug and
Alcohol Rehabilitation — and that only as a Class (3) use.
8. A "mission" use as formulated by Hearing Examiner Interpretation is an unclassified
use in the SCC zoning district. Pursuant to such previous Hearing Examiner
Interpretations, a proposed use that provides temporary housing for the homeless,
together with dining facilities, health services and related services is properly
classified as a "mission" use, not a "community center" use. Under current code
definitions, a "community center" is "a facility owned and operated by a public agency
or nonprofit corporation, provided the principal use of the facility is for public
assistance, community improvement, or public assembly." YMC 15.02 020. The
community center use does not include temporary housing for the homeless.
9. The moratorium adopted in Ordinance No. 2014 -027 is intended to preserve the
status quo to enable the city to develop and implement a comprehensive regulation
and land use controls to protect the general public health, safety, and welfare of the
citizenry of the city through the regulation of the location of "mission" and other uses
within the SCC Small Convenience Center zoning district, and to develop
comprehensive regulations pertaining to such uses throughout all appropriate zoning
districts within the city.
10. It is not the intent of Ordinance No. - 2014 -027 to suppress any protected activities,
but to provide an opportunity to develop and implement content - neutral legislation
which addresses any secondary impacts of mission uses within the SCC zoning
district and neighborhoods. The moratorium does not prevent submission and
processing of applications for mission uses within the CBD Central Business District,
GC General Commercial and M -1 Light Industrial zoning districts of the city.
11. The City Council, at its duly convened public hearing on November 18, 2014,
considered the subject matter herein, at which public hearing the City Council
received comments from the public on that subject matter, which the City Council
believes to be true, and which, together with the findings heretofore set forth, form
the basis for the adoption of these Findings of Fact and the Resolution herein.
3
12. The City Council finds and determines that the City of Yakima needs time to consider
additional zoning regulations, health and safety regulations, and business licensing
regulations which would deal specifically with mission uses and related issues within
the City of Yakima, and the City Council therefore finds and determines that the
moratorium for the term of six months adopted and implemented in Ordinance No.
2014 -027, commencing on or about. November 24, 2014 and extending through May
19, 2015, is necessary and appropriate in order to study the issues and to consider
adopting appropriate regulations.
13. The City Council finds and determines that imposition of the moratorium adopted
pursuant to Ordinance No. 2014 -027 is necessary to (a) provide the City with an
opportunity to study the issues regarding siting, zoning and regulation of mission
uses and related uses within the City of Yakima and to prepare appropriate revisions
to the City's codes and regulations; (b) to protect the health, safety and welfare of the
citizens of Yakima by avoiding and ameliorating any adverse secondary effects
associated with mission and related uses within the City of Yakima and the SCC
Small Convenience Center zoning district; and (c) to avoid applicants possibly
establishing vested rights contrary to and inconsistent with any revisions the City
may make to its regulations and codes as a result of the City's study of this matter.
14. The City Council finds and determines that the moratorium adopted and
implemented pursuant to Ordinance No. 2014 -027 should remain in effect according
to its terms, and that such is in the best interests of residents of the City of Yakima
and will promote the general health, safety and welfare; now, therefore;
BE ITIRESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The Findings of Fact set forth above are hereby adopted as the Findings of Fact
supporting the adoption, implementation and continuation of the moratorium adopted
October 21, 2014 pursuant to Ordinance No. 2014 -027 according to its terms.
2. The City Manager of the City of Yakima is hereby authorized and directed to perform
those duties and functions set forth in Ordinance No. 2014 -027, including but not
limited to, development of proposed comprehensive land use, licensing, and health
and safety regulations pertaining to mission uses and related uses within the City of
Yakima and within the SCC Small Convenience Center zoning district, and any issue
ancillary thereto.
ADOPTED BY THE CITY COUNCIL this 18 day of November, b 2014.
Micah Cawl: , Mayor
ATTEST:
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City Clerk
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.
For Meeting of: November 18, 2014
ITEM TITLE: Public hearing regarding SCC Small Convenience Center
moratorium for "mission uses "; Resolution adopting Findings
of Fact in support of moratorium
SUBMITTED BY: Mark Kunkler, Senior Assistant City Attorney
SUMMARY EXPLANATION:
On October 21, 2014, the City Council adopted Ordinance No. 2014 -027 imposing a moratorium
on receipt of applications and issuance of approvals for "mission uses" only within the SCC
Small Convenience Center zoning district. Applications for "mission uses" may still be accepted
and processed as Class (2) uses for sites within the CBD Central Business District, GC General
Commercial, and M -1 Light Industrial zoning districts. State law requires that a public hearing
be set within 60 days of adoption of a moratorium to receive public comment regarding the
moratorium. The City Council may rescind or modify any adopted moratorium in response to
such public comment and its own deliberations. Following the public hearing, state law requires
that the City Council adopt findings of fact supporting the implementation of the moratorium.
Included within this Agenda Item is a proposed Resolution setting forth Findings of Fact
supporting the moratorium as originally adopted. If the moratorium is revised following the
public hearing, a revised Resolution and Findings of Fact will be presented corresponding to the
decision of City Council.
Staff recommends that the City Council conduct the public hearing and adopt a Resolution
setting forth Findings of Fact corresponding to the City Council's decision.
Resolution: X Ordinance:
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: NA Amount:
Funding Source /Fiscal
Impact:
Strategic Priority: Improve the Built Environment
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL: - City Manager
RECOMMENDATION:
Adopt Resolution, approve Agreement.
ATTACHMENTS:
Description Upload Date Type
0 Memo - Moratorium Bullet Points Nov 10 2014 11/10/2014 Cover Memo
Resolution\2014\Resolution-Findincis Moratorium 11/10/2014 Resolution
Mission SCC Nov 18 2014
Map -SCC Area 11/10/2014 Backup Material
0 ordinance 11/10/2014 Cover Memo
CITY OF YAKIMA
LEGAL
DEPARTMENT
200 South Third Street, Yakima, Washington 918901 (509)575-6030 Fax (509)575-6160
MEMORANDUM
November 10, 2014
TO: Honorable Mayor and City Council of the City of Yakima
Tony O'Rourke, City Manager
Joan Davenport, AICP, Director, Community Development Department
FROM: Mark Kunkler, Senior Assistant City Attorney
SUBJECT: Moratorium — "Mission Uses"
Here is a synopsis of main points regarding adoption of a moratorium to allow time to
consider zoning issues for "mission uses" within the City of Yakima.
• The moratorium only applies to the SCC Small Convenience Center
zoning districts within the city. Per previous Interpretations issued by the
Hearing Examiner in 1992 and 1995, "mission uses" are permitted as Class
(2) uses in the CBD Central Business District, GC General Commercial, and
M -1 Light Industrial zoning districts. The moratorium does not prevent
applications for "missions" within the CBD, GC and M -1 zones.
• State law authorizes adoption of a moratorium to give legislative bodies of
cities an opportunity study and develop land use regulations governing a
particular use. (RCW 35.63.200 and RCW 36.70A.390)
• We have received a "Request for Interpretation" asking the Hearing Examiner
to construes existing code provisions to determine whether a facility providing
temporary housing for the homeless, together with services providing food
and medical /health care, would be permissible in the Small Convenience
Center (SCC) zoning district as a Class (2) "community center" use.
"Community Center" is currently defined as "a facility owned and operated by
a public agency or nonprofit corporation, provided the principal use of the
facility is for public assistance, community improvement, or public assembly."
Memorandum - Moratorium - Mission Uses
November 10, 2014
Page 2
• There are fifteen (15) designated SCC Zones scattered throughout the City of
Yakima. (See attached map.) An Interpretation allowing such use in the
SCC Zoning District would allow such use within any SCC Zone in the city.
• The purpose of the SCC zone is to (a) provide areas for commercial
activities outside the central business district that meet the retail shopping
and service needs of the community; and (b) accommodate small
commercial centers, generally three to ten acres in size, where most of the
commercial uses have located in a coordinated manner around a common
parking lot. YMC 15.03.030(8). Per Table 4 -1 at YMC 15.04.030, several
uses are not permitted within the SCC zone. These not permitted" uses are
boarding house, halfway house, group homes, and convalescent and nursing
homes. The only type of "health and social service facility" that could be
permitted in the SCC zone is a Treatment Center for Drug and Alcohol
Rehabilitation - and that only as a Class (3) use.
• In 1992, the Hearing Examiner considered whether the Union Gospel Mission
would be permitted as a "community center" in the Central Business District
(CBD) and Central Business District (CBDS) zones. The Hearing Examiner
determined that the type of services provided by the Union Gospel Mission,
including temporary housing for housing for homeless persons, was not
properly classified as either a "community center" or "boarding house" use -
but rather was a new use combining elements of both. The Hearing
Examiner created a new "Mission" use defined as follows:
Mission means a facility typically owned or operated by a
public agency or non - profit corporation, providing a variety of
services for the disadvantaged, typically including but not
limited to temporary housing for the homeless, dining
facilities, health and counseling activities, whether or not of a
spiritual nature, with such services being generally provided
to the public at large.
In a supplementary Interpretation, the Hearing Examiner also extended the
Mission use to the M -1 Light Industrial zoning district. Per the Interpretation,
Missions are a Class (2) use in the CBD, GC and M -1 Zones.
• The Yakima Municipal Code has never been formally amended to incorporate
the definition of "Mission" or to assign appropriate zoning districts for such
use. Neither has the code been amended to define whether such use should
be a Class (1), (2) or (3) within any such zone.
Memorandum - Moratorium - Mission Uses
November 10, 2014
Page 3
• Using the 1992 Hearing Examiner Interpretation as guidance, the only zones
that would currently allow a "Mission" use are the CBD, M -1 Light Industrial,
and General Commercial (GC) zones. (The GC Zone is the successor to the
CBDS Zone.) A "Mission" is currently not permitted in the SCC zone.
• A moratorium would allow staff, the Planning Commission and City Council
an opportunity to (a) define or redefine the "Mission" use; (b) determine what
zoning districts can support the Mission use; and assigning appropriate
classifications for such use, i.e., Class (1), (2) or (3). A moratorium would
also give opportunity to consider other land use regulations applicable to a
mission use, such as: proximity to schools and residential neighborhoods;
proximity to other social service providers; availability of public transportation
facilities; proximity to life health safety service providers such as police and
fire; and any other provisions deemed reasonable. Current code does not
address any of these matters.
• A moratorium will allow all interested parties and stakeholders to participate
in studies, discussions and hearings before the Planning Commission and
City Council, and to explore options such as a possible "overlay" zone to
correspond to a more centralized location in proximity to transportation
systems and service centers. An "overlay" approach could apply to a defined
area and would avoid extending the use to other areas of the city where a
"mission use" would not make much sense. (Under the "Request for
Interpretation" mechanism, no such flexibility is available. The Hearing
Examiner would be asked to determine whether the requested use would be
a permitted use within the "zoning district." As with the SCC zoning district,
there are multiple or extensive areas of the city that carry the same zoning. A
Hearing Examiner Interpretation would apply to all areas zoned SCC
throughout the city.)
• A moratorium allows interested parties and stakeholders to fashion new land
use regulations that, hopefully, will accommodate and coordinate with larger
plans for downtown development. Rather than an adversarial approach, we
envision an opportunity to jointly solve the issues. Those with an interest in
such solution include not only the homeless, but also service providers, local
businesses and residents within the downtown area.
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ORDINANCE NO. 2014 -027
AN ORDINANCE of the City of Yakima, Washington, adopting a six -month moratorium of
the filing, acceptance, processing and issuance of development
applications and permits for, and the location of, land uses operating or
conducting mission, community center, boarding house, comprehensive
community health center, and multi - purpose community center uses
within the SCC Small Convenience Center zoning district; exempting land
uses for which a complete building or development permit application was
pending upon the effective date of this ordinance and which constitutes a
vested right under law, or which were legally in existence at such time, or
are otherwise exempt pursuant to RCW 35.21.915; directing development
of comprehensive zoning and land use regulations pertaining to mission,
community center, boarding house, halfway house, comprehensive
community health center, and multi - purpose community center uses;
providing that the moratorium shall be in effect for six months, through
May 19, 2015; setting public hearing on moratorium for November 18,
2014.
WHEREAS, in conformance with the Growth Management Act of the State of
Washington, the City of Yakima ( "City ") is required to develop, adopt, implement and review a
comprehensive plan, as well as a zoning code and development regulations consistent with that
plan; and
WHEREAS, the City has previously adopted ordinances codified at Title 15 YMC
establishing zoning districts and defining, designating and classifying land uses permitted within
such zoning districts ( "Urban Area Zoning Ordinance" or "UAZO "); and
WHEREAS, the City has received inquiries and a request for interpretation pursuant to
Chapter 15.22 YMC, concerning whether or not a facility operated by a public agency or
nonprofit corporation, providing a variety of services for the disadvantaged, including but not
limited to temporary housing for the homeless, extreme weather shelters for the homeless,
dining or food service facilities, food banks, and health and counseling services for the
homeless and disadvantaged members of the community, should be considered a permitted
use in the SCC Small Convenience Center zoning district as a "community center" or other
analogous use; and
WHEREAS, YMC 15.02.020 currently defines "community center" as "a facility owned and
operated by a public agency or nonprofit corporation, provided the principal use of the facility is
for public assistance, community improvement, or public assembly," which definition does not
specifically include or define uses such as temporary housing for the homeless, extreme
weather shelters for the homeless, dining or food service facilities, food banks, and health and
counseling services for the homeless and disadvantaged members of the community; and
WHEREAS, in 1992 the hearing examiner issued UAZO Interpretation No. 1 -92 (Examiner
No. 192 -5 -2), with regard to a Request for Interpretation submitted concerning the Union Gospel
Mission. The Union Gospel Mission proposed to relocate and develop property within the
Central Business District (CBD) and Central Business District Support (CBDS) zoning districts.
The Interpretation, issued February 27, 1992, determined that the scope of services and uses
provided by the Union Gospel Mission, including temporary housing for the homeless, dining
facilities, and provision of health and counseling services, was not adequately described within
1
either the definition of "community center" and "boarding house." The proposed scope of
services and use included elements of both types of use. Consequently, the hearing examiner
adopted and defined a new use category for "Mission." The definition of "Mission" as stated by .
the hearing examiner is as follows:
Mission means a facility typically owned or operated by a public agency or non - profit
corporation, providing a variety of services for the disadvantaged, typically including but
not limited to temporary housing for the homeless, dining facilities, health and counseling
activities, whether or not of a spiritual nature, with such services being generally
provided to the community at large.
The hearing examiner concluded that such "Mission" use would be a Class (2) use within the
CBD and CBDS zoning districts, and by subsequent Interpretation, a permitted Class (2) use
within the M -1 Light Industrial zoning district; and
WHEREAS, the hearing examiner interpretation described above did not examine
whether the "Mission" use should be deemed a permitted use in any other zoning district of the
City; and
WHEREAS, while the hearing examiner Interpretations issued pursuant to Chapter
15.22 YMC serve as precedent for permitted uses within specific zoning districts of the City as
authorized by the hearing examiner, the City Council has not amended the UAZO to alter and /or
adopt the hearing examiner's definition and classification of "Mission" as a permitted use in any
zoning district of the City. Such use has not been codified in YMC 15.02.020 or listed as a
specific use in Table 4 -1, YMC 15.04.030; and
WHEREAS, the City Council finds and determines that, while Table 4 -1 set forth in YMC
15.04.030 lists "community center" as a Class (2) permitted use in the Small Convenience
Center (SCC) zoning district, other "health and human service facility" uses such as boarding
houses, group homes, halfway house, adult family homes, convalescent and nursing homes,
are not permitted within such zoning district; and
WHEREAS, the City Council finds and determines that more time is necessary to
research all issues associated with "Mission" uses and the uses described above, including
development or revision of appropriate definitions, development of land use regulations
associated with such uses, research and review of applicable laws, and consideration of
appropriate zoning districts for location of such uses; and
WHEREAS, the City is currently undergoing a review of plans for development of
community facilities and improvements within the central downtown area, together with the
promotion of economic development opportunities, business and retail enhancement,
government and professional offices, parking and transportation facilities, and social service
facilities serving the downtown and the community; and
WHEREAS, the City Council finds and determines that more time is needed to develop
and implement comprehensive land use regulations governing mission uses, including
designation of appropriate zoning districts for such uses, so that regulation and location of such
uses can be coordinated as, part of the overall development of the downtown and other zoning
districts of the City, in order to promote the general health, safety and welfare; and
2
WHEREAS, the City Council finds and determines that the current land use and zoning
codes of the City do not adequately define or establish land use regulations concerning such
"mission" uses within the SCC Small Convenience Center zoning district and other zoning
districts within the City of Yakima; and
WHEREAS, residents of the City of Yakima would be well served if the City Council and
City staff could more fully understand and address potential negative secondary effects of such
mission uses, in the form of health, safety, economic, environmental and aesthetic impacts that
these uses could impose upon neighboring properties and the community as a whole; and
WHEREAS, the City needs to review existing information on any negative secondary
effects of mission uses, and to review the City's codes and ordinances in a comprehensive
fashion to determine whether they sufficiently address the secondary effects of such uses and
appropriately balance the interests of those in need of temporary housing, shelter, food,
counseling and health services, and the service providers available to meet the temporary
housing needs, health services, food and care of such homeless people and disadvantaged
people within the community; and
WHEREAS, the City Council finds that the City's land use integrity and the state Growth
Management Act planning process will suffer significant harm unless applications for licenses,
permits and approvals for mission uses are halted until the planning process is completed; and
WHEREAS, the City Council finds that protection of the health, safety and welfare
supports establishment of a moratorium on acceptance and processing of applications for
licenses, permits and approvals, and on issuance of licenses, permits and approvals for,
"mission" uses within the SCC Small Convenience Center zoning district, with "mission uses" as
defined in UAZO Interpretation No. 1 -92 (Examiner No. 192 -5 -2) set forth above, and including
"community center," and "boarding house" uses as such terms are defined in YMC 15.20.020,
and "multi- purpose community centers" as defined in RCW 35.59.010 and regulated pursuant to
Chapter 35.59 RCW, and "comprehensive community health centers" as defined pursuant to
RCW 70.10.020 (hereafter collectively described as "mission uses "); and
WHEREAS, RCW 35.63.200 and RCW 36.70A.390 authorize the City to adopt a
moratorium on development permits and approvals for mission uses and thereafter to hold a
public hearing on the moratorium to be held within sixty (60) days of the commencement of the
moratorium; and
WHEREAS, the City Council finds that the enactment of this Ordinance is warranted due
to the pendency of requests for interpretation of mission uses within the SCC -Small
Convenience Center zoning district and probable submission of application(s) for building
permits for such mission uses, uses for which the City Council has had no sufficient opportunity
to consider, develop and adopt appropriate comprehensive regulation and zoning; and
WHEREAS, this moratorium is further supported by the unnecessary burden and
infringement placed on persons, nonprofit organizations and agencies desiring to process
applications for mission uses within the City of Yakima under a regulatory process that is ill -
suited to review the health, safety, environmental, zoning, infrastructure and community issues
involved in such applications; and
WHEREAS, a moratorium on the acceptance, processing and issuance of permits for
mission uses is necessary to enable the City Council to formulate a comprehensive permitting
3
process which addresses impacts, mitigation requirements, zoning for potential siting, and other
requirements and standards to protect and benefit the public interest; and
WHEREAS, the City Council authorizes and directs the City Manager to review existing
City codes and zoning regulations, further study the effects resulting from any approval of
mission uses, prepare comprehensive proposed amendments to the City codes and zoning
regulations to address the effects of such uses, to confer with community members and City
advisory commissions, including public hearing before the Planning Commission, as
appropriate, and to present recommended legislation addressing such issues to the City Council
for consideration and action; and
WHEREAS, the City Council finds and determines that a public hearing on this
moratorium should be held on November 18, 2014, whereupon the City Council may adopt
findings of fact in support of the adoption of this moratorium, or modify the terms thereof; and
WHEREAS, notwithstanding the term of six months set forth above for the moratorium
adopted herein, this moratorium may be (a) modified by the City Council in accordance with
applicable law; (b) extended for additional term(s) of six months upon action following public
hearing and adoption of findings in support thereof; (c) terminated by the City Council upon
adoption of appropriate zoning and regulatory codes; or (d) terminated by the City Council for
any reason deemed necessary or appropriate; now, therefore:
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Moratorium Established. A moratorium is imposed upon acceptance and
processing of applications for licenses, permits and approvals for, and on issuance of licenses,
permits and approvals for, "mission" uses within the SCC Small Convenience Center zoning
district, with "mission uses" as defined in UAZO Interpretation No. 1 -92 (Examiner No. 192 -5 -2),
and as set forth below. "Mission uses" for purposes of this section also includes "community
center," and "boarding house" uses as such terms are defined in YMC 15.20.020, and "multi-
purpose community centers" as defined in RCW 35.59.010 and regulated pursuant to Chapter
35.59 RCW, and "comprehensive community health centers" as defined pursuant to RCW
70.10.020 (hereafter collectively described as "mission uses "), as those terms are defined and
used in the City of Yakima Municipal Code and below, and as those terms are commonly
understood:
Mission: "Mission" means a facility typically owned or operated by a public agency or
non - profit corporation, providing a variety of services for the disadvantaged, typically
including but not limited to temporary housing for the homeless, dining facilities, health
and counseling activities, whether or not of a spiritual nature, with such services being
generally provided to the community at large.
Boarding House. "Boardinghouse" or "Boarding House" means an establishment
providing both lodging and meals for not more than ten persons residing in the facility on
a permanent or semi - permanent basis.
Community Center. "Community Center" means a facility owned and operated by a
public agency or nonprofit corporation, provided the principal use of the facility is for
public assistance, community improvement, or public assembly.
4
Comprehensive Community Health Center. "Comprehensive community health
center" means a health facility housing community health, mental health, and
developmental disabilities services, as further defined in RCW 70.10.020.
Multi- purpose Community Center. "Multi- purpose Community Center" means the
lands, interests in lands, property, property rights, equipment, buildings, structures and
other improvements developed as an integrated, multi - purpose, public facility on a single
site or immediately adjacent sites for the housing and furnishing of any combination of
the following community or public services or facilities: Administrative, legislative or
judicial offices and chambers of any municipality, public health facilities, public safety
facilities including without limitation, adult and juvenile detention facilities, fire and police
stations, public halls, auditoria, libraries and museums, public facilities for the teaching,
practice or exhibition of arts and crafts, educational facilities, playfields, playgrounds,
parks, indoor and outdoor sports and recreation facilities. The term multi - purpose
community center shall also mean and include walks, ramps, bridges, terminal and
parking facilities for private vehicles and public transportation vehicles and systems,
utilities, accessories, landscaping, and appurtenances incident to and necessary for
such centers, all as defined and stated in RCW 35.59.010.
Section 2. Exemption — Vested Rights. This moratorium specifically exempts any
application for building, development or land uses for which a complete building or development
permit application was pending upon the effective date of this ordinance and which constitutes a
vested right under law, or which were legally in existence at such time, or are otherwise exempt
pursuant to RCW 35.21.915 and any mission use or use defined in Section 1 above lawfully
existing as of the effective date of this moratorium, and any other use otherwise lawful pursuant
to RCW 35.21.915.
Section 3. Public Hearing. Pursuant to RCW 36.70A.390 and RCW 35.63.200, a public
hearing will be held on Tuesday, November 18, 2014, for the purpose of taking testimony and, if
this ordinance is passed, adopting written findings and conclusions justifying the moratorium
established by this ordinance.
Section 4. Effective Period of Moratorium. The moratorium adopted by this ordinance
shall become effective thirty (30) days after passage, approval and publication of this ordinance,
and shall remain in effect for six months, through May 19, 2015, subject to adoption of findings
and conclusions as provided in Section 3 above. This moratorium shall also terminate upon the
adoption of permanent regulations governing the location, land use and regulation of mission
uses and the uses defined in Section 1 above. Notwithstanding the above, this moratorium may
be extended as provided in RCW 36.70A.390 and RCW 35.63.200.
Section 5. Direction to Develop Comprehensive Regulation Ordinance. The City
Council hereby authorizes and directs the City Manager to develop a comprehensive ordinance
regulating land uses for missions and the uses described in Section 1 above, which shall be
presented to the City Council on the earliest possible date. The City Manager is encouraged to
seek input from appropriate City staff, homeless service providers, service recipients, other
commissions and boards of the City, other governmental agencies and members of the public.
Section 6. Subjects for Consideration. Without limitation, the City Manager is
encouraged to consider all subjects relevant to the land uses set forth in Section 1 above, •
including but not limited to: appropriate business license requirements; law enforcement effects
and needs; safety of employees, patrons and the public; compatibility with community needs;
5
appropriate or necessary zoning or siting requirements; appropriate or necessary building
requirements; and any other matter deemed necessary or appropriate to preserve, promote and
protect the general health, safety and welfare.
Section 7. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section,
sentence, clause or phrase of this ordinance.
Section 8. Effective Date. This ordinance shall be in full force and effect thirty (30)
days after passage, approval and publication as provided by law and the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 21 day of October, 2014.
Mica w i y, Mayor
AT
0.' 11#
B i .n, . t'
Publication Date: October 24, 201, v '
Effective Date: November 23, 2014
6
• Distributed at they}
X11 1�Iei hborhooH' Meeting Il'lkl=
akima Neighborhood Health Services
12 South 8` St, PO Box 2605
Yakima WA 98907 -2605
Phone (509) 4544143 Fax (509) 454 -3651
www.ynhs.org
My name is Rhonda Hauff and I am the Chief Operating Officer of Yakima Neighborhood Health
Services. I live and work in the City of Yakima.
We encourage the broader discussion of a comprehensive approach to address homelessness,
but a moratorium is not necessary to do that. While this hearing does not affect our application to
use the current Roy's Market as a Community Service Center, we understand our application
caused this hearing.
We first met with city staff and Council Representatives Coffee and Lover April 1 of this year; we
filed an application and zoning interpretation the morning of October 21 after consulting with city
staff. This morning, after more discussions with city staff, we filed an amended application. Our
understanding is this will be reviewed by the Hearing Examiner, and we will have an opportunity
to present more details as we go through our own application and public hearing process. We're
happy to talk with you about the specifics of our proposal as it makes its way through its own
zoning process, separate from tonight's agenda.
Several years ago, as a member of the Homeless Network of Yakima County, we established the
Extreme Winter Weather Shelters to provide overnight accommodations. At the time there were
nearly 300 unsheltered homeless in our communities. We understood this to be a temporary fix
and that we needed a permanent solution. The Network has been working on that permanent
solution, and Yakima Neighborhood Health Services has been a partner in that effort. About a
year ago, the Network asked us to be the lead agency for a Community Service Center, which
includes an overnight warming shelter.
It's difficult to talk about one project - a homeless shelter -- as just a land use issue, without
putting it into the context of the larger continuum of services for the homeless -- outreach, food,
clothing, hygiene supplies, medical, dental and behavioral health care, supportive housing - all
services aimed to increase security and health of people, and build on their abilities to gain self -
sufficiency. We have worked together the last several years to build a strong network of services
which has actually reduced the number of homeless in our communities. I have two graphs to
share with you today. The first is how the Network's efforts have decreased the number of
homeless over the past 8 years; and the 2 is a chart from the State Department of Commerce
showing how we compare to other counties in the state for the percent of homeless who remain
unsheltered. You'll see Yakima County fairs pretty well. But if you're one of those individuals
represented in either of those charts, you need help, and as a community, we should help.
Homeless people have to live their private lives in public places. We hope you will work with us
to provide such a place for our most needy citizens to meet their very basic needs so they don't
have to carry them out in public places.';
- -
- •
. :,. � i n O ur Co mmun iti es
1200 — ..
1000
I IIIII4141%1(14114brlr*i*allIllIlIllIllt / IIIIIIIIIIIIIIIIIIIII raill 00 00, 141111111141 11114 •444N
800 — — -- - - -
1 1
1
600 -
1
400 - -----.-------
7 . _
I 6-.1■Nnwriorr•
1 . sheltered 1
I I
200 . _ .__ -- _ _ _ — _ __ -- —__ .--. — .._ ____ _ . ___ __ __ _ —___
I I 11 .1"1..61.11 .1
1 I I
2006 2007 2008 2009 2010 2011 2012 2013 2014
••••■Sheltered 64111.• Unsheltered
Percent of II omeless that are Unsheltered
Asotn 100 0 .
Columbia 100 0
�` :' `: San Juan 100 0 -
' Vahklak4mi 1001:r
Pacific 97 1
Adams 85 0 %'_
Island 839 ;0
Y a lci m a's
Island 714
Stev ns 71.4%
unsheltered a�
638':
Mason
60.0
IeRer 58 6
homeless Lewis 56.3;:
Skagit 8
t 31 ayg ltarhor 500%
I __ f e w e r than n lhurstnn 446%
KI+t1cAM 42 2%
`41uhrnrnsh 39 2%.
most Whatcum
King 351 King 33 5%
! State Total 33 4'.
commun as a Katrta% 333%
Clark - 31 2':.
Pend (Iredte _- 30 0 %:.
result of the KA9ap, 258%
i owMz _- 25.2 %:
Clatlam -_ 24 2;.
Network' s efforts Pierce 199;:
WaNa Walla 17 9%
Renton- frankhn - 159%
Ferry - 154%
Itetan -t)o glas - 15 3%
-yxikane - 13 5:
kanu+nwa _ 120%
01111.111.1111111.1111* Yakima _ 8 8
t,ameld 00'0
Whitman 00%
■ (°Arms I site t Is ■ s o nhea Not t We. II ■ State
Distributed at they
Meeting ���
RECEIVED
CITY OF YAKIMA
November 18, 2014 NOV 1 8 2014
Yakima City Council OFFICE OF CITY COUNCIL
129 North 2 Street
Yakima, WA 98901
RE: Shelter for the Homeless
To the Yakima City Council,
This letter speaks in favor of the City Council and City Planning Department staff being
flexible and creative in how shelter for Yakima's homeless can be accomplished.
There is nothing to fear from a homeless shelter, from either the standpoint of how they
are operated and who spends time there, nor from an appearance standpoint. We must
as a community embrace and resolve the issue of homelessness, not run away from it
or pretend it does not exist.
Therefore, the locations for such facilities could and should be in places where my
facility that suits the size needs of the operation could potentially be used, with a wide
range of zoning district options; and with the expectation that the location will be
pleasantly landscaped and maintained, which is the expectation for any occupation.
In fact, convenience centers are ideal- close to public transportation and to people and
staff who serve them.
Please do not close the literal door on the Neighborhood Health Services request.
Sincerely,
:arb. a Cline
1857 Weikel Road
Yakima, WA 98908
Distributed at the
NeijboAho H Meet ing
Yakima Neighborhood Health Services
12 South 8 St, PO Box 2605
Yakima WA 98907 -2605
Phone (509) 454 -4143 Fax (509) 454 -3651
www.ynhs.org
November 18, 2014
Yakima City Council
129 North Second Street
Yakima, WA 98901
Dear City Council,
I regret that I am not able to attend today's hearing regarding the Emergency Moratorium on Homeless Shelters
and related facilities in the Small Convenience Center Zone. As Chairman of the board at Yakima Neighborhood
Health Services and a former council member this is an issue of great concern.
As you know YNHS recently submitted an application for a Community Center at the Roy's Market site. The
application pre -dates the moratorium thus the moratorium is separate issue apart from this evenings discussion.
However, through the zoning application process we have learned a great deal about Yakima Municipal Code as it
pertains to community service facilities.
This experience has led us to the following positions:
1) Once we clarify several issues raised by our discussions with city planning staff, our current application for
the Roy's Market site will continue through the established due process required of any application.
2) It is apparent there is a need to establish a planning task force comprised of city planning staff,
community service professionals, and stakeholders that could address the possible lack of planning
around community service facilities and establish any required up -to -date zoning and planning ordinances
around future facilities. Yakima Neighborhood Health Services is willing and would like to participate in
this process.
3) In light of the current, established zoning interpretation ordinances, we feel the Emergency Moratorium
passed on October 21 is probably unnecessary and may actually contribute to counter - productive
confusion as the above task force completes its work.
For nearly 40 years YNHS has been an active and vital contributor,to the City of Yakima and we are happy to lend
our expertise to its continued growth. Yakima Neighborhood Health Services is committed to being a
professional, productive and useful partner in our community.
Homelessness is a treatable and curable disease. The first step in making a difference is believing you can make a
difference.
Thank in advance for your consideration and hopefully your support.
Don Hinman, Chairman — Board of Directors
Yakima Neighborhood Health Services
Accredited by the Joint Commission Patient Centered Medical Home Level 3